Western Isles Council proposals for school closures back on track

By JOHN ROBERTSON
Published on 06/06/2012 14:41

PLANS to close two rural primary schools and reduce the number of classes at two others have been put back on track, after a legal victory for Western Isles Council over the Scottish Government.

A judge ruled today that ministers had misinterpreted legislation which the Holyrood parliament had passed to ensure a rigorous consultation process whenever the axe was to fall on a school.

The government was not satisfied that Comhairle nan Eilean Siar (Western Isles Council) had met the required standard when deciding to close Shelibost School on Harris and Carloway School on Lewis, and to end first and second year secondary education at Lionel and Shawbost primaries on Lewis.

However, Lord Brailsford said at the Court of Session in Edinburgh that he believed the council had “properly and fairly” taken into account all relevant matters.

The court heard that the council’s decision in November 2010 had been taken against a background of falling school rolls and limited funding. The council said there were too many schools for the size of the pupil population.

In December last year, ministers issued call-in notices and refused to consent to the proposals, and the council raised the judicial review case. It was the first time the 2010 Schools (Consultation) (Scotland) Act had been examined by the courts.